What am I legally required to share?

Discussion in 'Trucking Industry Regulations' started by FloridaTWL, Oct 9, 2019.

  1. FloridaTWL

    FloridaTWL Bobtail Member

    Oct 9, 2019
    What am I legally required to share on a DOT physical. Company drivers ask for all current medications and all current medical illnesses/conditions. That’s pretty vague and I don’t know what is HIPPA protected and what is. Every year physicals get tougher and tougher even though my conditions are the same and are stable. Thx.
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  3. ZVar

    ZVar Road Train Member

    Sep 10, 2010
    Flint, MI
    You are legally required to list everything they ask for. If you don't want to disclose something or you lie on the form they have every legal right to not grant your DOT card or even revoke it if caught lying.

    What are you trying to hide?
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  4. MGE Dawn

    MGE Dawn Heavy Load Member

    May 19, 2019
    Vancouver, WA
    OP's probably in my boat and getting sick of jumping through 30 hoops for a 1 year card when everyone else just comes in, pisses in a cup, does a couple other tests and leaves with 2 year card in hand. Those 30 hoops are stupid and annoying, but they beat the hell out of losing a med card entirely
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  5. buddyd157

    buddyd157 Road Train Member

    May 25, 2017
    New England area
    HIPPA means (basically) that no one can share your information with a 3rd party person or entity. for that, they need your permission to give out your information to say drug companies.

    however, doctors share your information on a near daily basis...(also known as a patient portal) so for me for instance, when i had my operations over the years, the hospital was "free" to contact any and all my doctors for information about me for any treatments beyond what my doctors prescribed.

    Regulation designed to protect personal information and data collected and stored in medical records. The Health Insurance Portability and Accountability Act established a national standard to be used in all doctors' offices, hospitals and other businesses where personal medical information is stored. In addition to protecting personal medical information, HIPPA also give patients the right to view their medical records and request changes if the data is incorrect.

    Read more: What is HIPPA privacy rule? definition and meaning
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  6. x1Heavy

    x1Heavy Road Train Member

    Mar 5, 2016
    White County, Arkansas

    Doctors CHECK against your State's Prescription Monitoring Database which shows ALL medicines you filled at the Pharmacy after being prescribed anything. PARTICULARLY narcotics. They have to check this by Law before they see you in person which is one reason there is a wait. If necessary there is another NATIONAL database no one wants to be on which excludes known seekers, abusers and documented trouble people with that medicine.

    The war on opiates has brought changes and for a tiny percentage of abusers its really hard on them. (Because they are excluded from medicine in some cases.) Pharmacists in my state has also gained the right to deny filling of any medicine should they feel the prescribing doctor runs a pill mill etc.

    So. Whatever it is you are prescribed, you bring in the original bottle with the correct label by date against your refill date (Or fill date rather plus 30 days) and the correct pill count inside that bottle of all your medicines.

    (Not too far into the future they are beginning to engineer caps that have a chip inside that indicates when you access your pill bottle, which is easily scanned like a tap-touch credit card for dates, times you opened same)

    When I went to my hospital and pulled my surgical and week stay records from ROI (Release of Information) officers, they generated a inch thick pile of papers that included who prescribed what, how much, when and if they examined my States Arkansas Prescription Monitoring Board. And their notes about same in addition to the required FLACC Assessment among others.

    Im pretty much out of that in regards to medicines myself But face at least one more surgery to repair leaking valves to start which is something that will need to be done before I get going in this industry next year.
  7. Tx Countryboy

    Tx Countryboy Road Train Member

    Sep 18, 2019
    They already know most stuff about you. I have had them ask me about stuff before I even filled paper .out
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  8. x1Heavy

    x1Heavy Road Train Member

    Mar 5, 2016
    White County, Arkansas

    Which leads to a period of time briefing the doctor on the particulars.

    Which leads to another change in my life. There are only two types of doctors I see. Trauma/ER when needed and escalate into specialists from there fast or my Clinic which writes prescriptions for medicine. I do not visit my regular doctor anymore because there isnt anything left for him to "DO" other than call a ambulance if you are really sick and too stubborn to call one yourself. In fact I think my doctor is getting ready to close his clinic and get the hell out of wiping noses and chasing owies that people constantly come to him for only to be referred legally to other clinics. He gets tired of it. The downward slide started back in the ADA act passed in 2007 telling him how to run his day to day practice.

    One time he was legally required to ask if I have guns. I tell him two things. First thats not why I am here and second you should sweep the pile of turkey and deer hunting magazines from your waiting room. In between us on his desk was a rifle magazine that day.

    In a month all of that vanished as did the required three questions. He complained to us that he has become Uncle Sam's enforcer in those days. And people simply quit coming to see him. They figure for all the owies that they get in life, they will fix it at home using home remedies. Or bypass the entire war on opiates with mail order chemicals derived from plants growing elsewhere in the world. The State has gotten wise to that and banned those substances as well. If we don't watch it we will discover that we live in a massive gilded cage. Being able to do things that permission is given to do.
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  9. Ridgeline

    Ridgeline Road Train Member

    Dec 18, 2011
    Everyone covered under us dot/fmcsa regulations are exempt from hipaa protection. It is right in the law and it is meant to allow investigators and regulators access to medical records for determination of the ability to operate vehicles that fall under us dot/fmcsa regulations.

    People don't seem to understand what hipaa is about and how it is applied.

    It is to protect your medical information in the providers care. Outside of that, there is no protection.

    As an owner, I have a responsibility to keep records to prove you - the driver - can drive and it really goes beyond the fmcsa regulations. Courts have said we have to keep accurate records.

    As a driver, you can't lie. On the other hand the examiner can contact your primary care or specialist physicians to discuss your case to see if you qualify. With the new regs, this may be getting to the point that they have to contact your pcp.
  10. x1Heavy

    x1Heavy Road Train Member

    Mar 5, 2016
    White County, Arkansas
    One of the things I have been doing is restricting or failing to give out email etc. When a medical provider gets it and it is converted to digital, it gets mined. And then I wonder why I have the spam that I have.

    I just filled out about 9 pages of forms for a Heart Doctor and I would say about 3 of those pages were blank. A intentional omission or forgetting. There is so much involved in my history that it is getting convoluted. When the doctor wants to know directly from me inside that office he can ask me straight away. (And this one usually does, if it is relevant.) the reason I say that is because I value this doctor for being short on words in talking. He is usually silent unless you needed to know something.

    I remember another surgeon whose office and technology stopped in 1967. He has a rotary phone and shelves and cabinets of files. Some dating back to that time period on existing patients. Im afraid to say hes probably passed on by now. But I will always be thankful to him for detecting certain conditions that exists in my body and tested for two other really important problems that turned out thankfully to be negative (Myastena gravis... one on blood and the other on my DNA to see if the relevant chain exists within it.)

    He does have trouble with the modern world when they insist on this or that technology. Refuses all of them too.

    But his mind. What a treasure. He would sit and talk about something in particular, walk over to the wall of books he accumulated in his lifetime related to his profession, dig out one particular book, flip to a chapter and presto there she be. A thousand books on that wall. And I am getting to understand his form of memory is almost imagery based on that entire shelf.

    It would be our loss as society.
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